PRINTER'S NO. 1358
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
229
Session of
2015
INTRODUCED BY FOLMER, EICHELBERGER, DINNIMAN, WHITE, AUMENT,
ALLOWAY, WAGNER, MENSCH, SMUCKER, STEFANO AND ARGALL,
OCTOBER 23, 2015
REFERRED TO LABOR AND INDUSTRY, OCTOBER 23, 2015
A RESOLUTION
Urging the Department of Labor to recognize Pennsylvania's
noncompliance with revised standards for apprenticeship
programs and take actions to decertify Pennsylvania's State
Apprenticeship Council.
WHEREAS, Apprenticeship is a valuable system for work force
development and job creation; and
WHEREAS, The Pennsylvania State Apprenticeship and Training
Council was created by the Apprenticeship and Training Act; and
WHEREAS, The Apprenticeship and Training Act establishes as
one of the duties of the Pennsylvania State Apprenticeship and
Training Council "to encourage the development of an
apprenticeship and training system through the voluntary
cooperation of management and labor and interested State
agencies and in cooperation with other states and the Federal
Government"; and
WHEREAS, The Department of Labor established revised
standards for apprenticeship through 29 CFR Part 29 on October
29, 2008; and
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WHEREAS, These revised standards increase flexibility,
enhance program quality and accountability and promote
apprenticeship opportunity in the 21st century, while continuing
to safeguard the welfare of apprentices; and
WHEREAS, It is the responsibility of the Department of Labor
to provide sufficient resources to states to ensure outreach and
education, registration of programs and apprentices, provision
of technical assistance and monitoring; and
WHEREAS, States that comply with these revised standards must
submit a state apprenticeship law, instituted through statute,
Executive Order, regulation or other means, that conforms to the
requirements of 29 CFR Parts 29 and 30; and
WHEREAS, One of the basic requirements for compliance and
recognition by the Department of Labor is the establishment and
maintenance of a State Apprenticeship Agency; and
WHEREAS, The provisions of 29 CFR Part 29 provide a two-year
period for states to comply with the revised regulations, which
time period expired on December 29, 2010; and
WHEREAS, Pennsylvania has not established and does not
maintain a State Apprenticeship Agency; and
WHEREAS, Revised Federal standards extend decision-making
recognition only to State Apprenticeship Agencies because State
Apprenticeship Council members are ultimately not accountable to
the Commonwealth or the Department of Labor and Industry for
their actions; therefore be it
RESOLVED, That the Senate of the Commonwealth of Pennsylvania
urge the Department of Labor to formally recognize
Pennsylvania's noncompliance with standards established in 29
CFR Part 29 and, as such, implement derecognition proceedings
against the Department of Labor and Industry; and be it further
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RESOLVED, That compliance with these standards is a required
component for Federal acknowledgment of the decision-making
ability of the Pennsylvania State Apprenticeship and Training
Council; and be it further
RESOLVED, That, in accordance with 29 CFR ยง 29.14, "the
recognition for Federal purposes of a State Apprenticeship
Agency may be withdrawn for the failure to fulfill, or operate
in conformity with, the requirements of" 29 CFR Pt. 29; and be
it further
RESOLVED, That a copy of this resolution be transmitted to
the President of the United States, the Secretary of the United
States Department of Labor, the presiding officers of each house
of Congress and to each member of Congress from Pennsylvania.
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